[License-review] Request for Approval of Universal Permissive License (UPL)

[John Cowan]

Lawrence Rosen scripsit:

> 1) Change your hypo and assume that Bob issues code under the GPL,
> definitely not a "permissive license" by your meaning.
>  
> 2) through 5) identical. Same result?

No.  In that case, Alice (or any commercial intermediary) pretty much
has to put Bob's source code on the ship to Debian Island, whether or
not you think Alice is required thereby to put her own source code on it.
Otherwise, Alice is subject to paying Bob that nasty $150,000.

> Assume also the following details as sub-riddles:
>
> 6) Alice's original proprietary program was written and Alice's
> copyright registered on it the year Linus Torvalds was born. Alice
> is replacing parts of that old proprietary anchor-ware with Bob's
> zipped-in program.  Fortunately for Alice, she didn't need to change one
> bit of her old software or Bob's new software to make this improvement;
> it is as close to a plug-in as technology allows. Same result or must
> Alice disclose more of her source code or apply the GPL to her old
> proprietary code?

Larry says no, Richard says yes.  John says Larry is probably right in
principle, but since the custom of the trade says yes, yes is pragmatically
the right answer.

> 8) Assume for another riddle how the situation would change if Alice
> *didn't* provide Charlie with a copy of Bob's GPL license and source code
> along with her proprietary software. And then, Charlie copied and
> distributed his proprietary version also without notices and copies of Bob's
> GPL license and source code. Obviously Bob has his own copyright
> infringement claims against both Alice and Charlie, but does Bob's GPL
> license protect any downstream third party beneficiaries of his code?

Clause 6 of the GPLv2 seems to say so:

    Each time you redistribute the Program (or any work based on the
    Program), the recipient automatically receives a license from
    the original licensor to copy, distribute or modify the Program
    subject to these terms and conditions. You may not impose any
    further restrictions on the recipients' exercise of the rights
    granted herein. You are not responsible for enforcing compliance
    by third parties to this License.


-- 
John Cowan          http://www.ccil.org/~cowan        cowan at ccil.org
Dream projects long deferred usually bite the wax tadpole.
        --James Lileks